Gulf, Colorado & Santa Fe Railway Co. v. Smith
Texas Supreme Court
Appeal from Jjampasas. Tried below before Hon. W. A. Blackburn. The appellee sued to recover damages for physical injuries resulting to him from the derailment of a railway passenger car.
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Appeal from Jjampasas. Tried below before Hon. W. A. Blackburn. The appellee sued to recover damages for physical injuries resulting to him from the derailment of a railway passenger car. The car was turned over and he alleged that he was “thereby thrown with great force against the seats and sides of the car and was thereby greatly injured, cut, bruised, and wounded internally and externally about the head, hip, spine, and back, so that he was thereby wholly unable to attend to the transaction and performance of his necessary business for about a month; * * * that he has since suffered…
1Opinion of the Court
Stayton, Chief Justice.
After alleging a contract under which appellee became a passenger on one of appellant’s trains, the petition contained the following averments:
“And while plaintiff was so lawfully in defendant company’s said car as a passenger therein, through the gross negligence and carelessness and default of said company, its agents, servants, and employes, said car was run off the track and thrown from the road bed of said railroad and turned over from the embankment thereof, and plaintiff was thereby thrown with great force and violence against the seats and sides of said car, and…
2Cases cited4 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- St. Louis & South-Eastern Railway Co. v. MathiasIndiana Supreme Court · 1874
- Grinde v. M. & St. P. R. Co.Supreme Court of Iowa · 1876
3Cited by38 opinions
- Choate v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1896
- Mexican Central Railway Co. v. LauricellaTexas Supreme Court · 1894
- Texas Trunk Railway Co. v. AyresTexas Supreme Court · 1892
- Gulf, Colorado & Santa Fe Railway Co. v. BrownCourt of Appeals of Texas · 1897
- Galveston, Harrisburg & San Antonio Railway Co. v. CroskellCourt of Appeals of Texas · 1894
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